Young v RSPCA NSW [2019] NSWDC 613

Young v RSPCA NSW [2019] NSWDC 613

Given the modest amount of costs claimed, the comprehensive affidavit evidence, and the disproportionate cost and delay that a formal assessment would cause—especially with a self-represented plaintiff—the making of a gross sum costs order is appropriate. Deferring payment pending other litigation is not justified given the different scope and forum of any proposed Federal Court action.

Jurisdiction
Australia
Judgment Date
30 October 2019
Procedural Posture
Civil / Application for Gross Sum Costs Order After Plaintiff Discontinued Against Sixth and Seventh Defendants in Defamation Suit
Outcome
Gross sum costs order granted against the plaintiff; refusal to defer payment of costs.
Legal Topics
['costs' 'defamation' 'discontinuance' 'gross Sum Costs Orders']
['civil Procedure'] ['costs' 'defamation' 'discontinuance' 'gross Sum Costs Orders']

Case Brief

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Procedural Posture

Civil / Application for Gross Sum Costs Order After Plaintiff Discontinued Against Sixth and Seventh Defendants in Defamation Suit

Legal Issues

  1. 1 ['Whether to grant a gross sum costs order in favour of the sixth and seventh defendants after discontinuance by plaintiff in defamation proceedings' "Whether the plaintiff's application to defer payment of costs pending related Federal Court litigation should be granted"]

Ratio Decidendi

Given the modest amount of costs claimed, the comprehensive affidavit evidence, and the disproportionate cost and delay that a formal assessment would cause—especially with a self-represented plaintiff—the making of a gross sum costs order is appropriate. Deferring payment pending other litigation is not justified given the different scope and forum of any proposed Federal Court action.

Court Disposition

Gross sum costs order granted against the plaintiff; refusal to defer payment of costs.

Orders

  • ["The plaintiff pay the sixth and seventh defendants' costs in the gross sum of $5,905.90, pursuant to s 98 Civil Procedure Act 2005 (NSW)." "The plaintiff's application for payment of the costs to be deferred pending the completion of proposed litigation in the Federal Court of Australia is refused."]